| Henry Phipps Plaza So. Assocs. v Peterson, Sylvia, et al. |
| Motion No: 570347/09 |
| Slip Opinion No: 2009 NYSlipOp 70201(U) |
| Decided on April 21, 2009 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
April 21, 2009
Henry Phipps Plaza So. Assocs. v Peterson, Sylvia, et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by the September 2009 term - the filing deadline is July 7, 2009. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570347/09